JAI NARAIN PERSHAD Vs. PARKASH CHAND

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent and arises in execution proceedings. The only point that requires determination in this appeal is one of limitation. The facts relevant to the detrmination of the point in controversy and which are not in dispute are that on 7th January, 1945, Jai Narain Pershad and his father Debi Pershad filed a suit for dissolution of the partnership styled as M/s. Jiwan Lal Jai Narain Pershad and for rendition of accounts. On 21st August, 1947 a preliminary decree for dissolution of the partnership and for rendition of accounts was passed. Shri R. K. Tandon Advocate, was appointed as a local Commissioner to go into the accounts. On 18th January, 1949, a final decree relating to the accounts and the partnership was passed and a decree for Rs. 24,446-13-9 was passed in favour of Jai Narain Pershad against Rai Saheb Chiranji Lal and Sons, and a decree for Rs. 39,470-11-6 was passed in favour of R. S. Chiranji Lal & Sons against Jiwan Lal Shinglu. Some other reliefs and directions were also included in the final decree, the details of which are not necessary for decision of this appeal.

(2.) On 2nd May, 1949, an appeal was filed by Jiwan Lal Shinglu in the Punjab High Court. The claim in the appeal was that the decree, as far as Jiwan Lal Shinglu was concerned, should be reversed. The said appeal was R.F.A. No.72 of 1949. Which was decided by the Punjab High Court on 8th December, 1959. It may be mentioned that the only claim in that appeal was that the decree for Rs. 39,470-11-6 passed against Jiwan Lal Shinglu should be reduced by Rs. 30,649-2-3. The appeal of Shinglu was partly accepted and the decree against him was reduced by Rs. 24,517-8 As. The judgment of the High Court directed that the decree should be drawn up after the appellant had made up the deficiency of court fees. It appears that after this a stamp of Rs. 1,485 was furnished to the court on 25th September, 1961.

(3.) On 22nd November, 1960, Jai Narain Pershad filed an application for the execution of the decree amounting to Rs. 24,446-13-9 against R. S. Chiranji Lal & Sons. The judgment debtors raised an objection that the application for execution was barred by time. The trial judge by his order dated 21st October, 1965 dismissed the objection. The trial Judge found that the limitation period for execution only commenced after the High Court gave its judgment. Against the judgment of the trial Judge, the judgment debtors came in appeal to this Court. The appeal was heard by D. K. Kapur, J. who on 20th September, 1971, found that the execution application is barred by time. Kapur, J. accordingly allowed the appeal and dismissed the execution application as barred by time. Against the order of Kapur, J. the decree holder Jai Narain Pershad has come in appeal under clause 10 of the Letters Patent.